Silicon Metal from the People's Republic of China: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 1592-1595 [2010-378]
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1592
Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
The green technology pilot program
will permit patent applications
pertaining to green technology, i.e.,
environmental quality, energy
conservation, development of renewable
energy, or greenhouse gas emission
reduction, to be accorded special status
for examination using an expedited
procedure that is similar to the existing
first action interview pilot program
without meeting the current
requirements of the accelerated
examination program. The first action
interview pilot and accelerated
examination programs are both covered
under OMB Control Number 0651–0031.
This pilot will support national and
international green technology
initiatives and is expected to run for six
months.
II. Method of Collection
Electronically using the USPTO
online filing system EFS–Web.
III. Data
OMB Number: 0651–0062.
Form Number(s): PTO/SB/420.
Type of Review: New collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
5,225 responses per year.
Estimated Time Per Response: The
USPTO estimates that it will take the
public between 1 hour and 10 hours to
gather the necessary information,
prepare the appropriate form or other
documents, and submit the information
to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 6,850 hours per year.
Estimated Total Annual Respondent
Cost Burden: $2,123,500 per year. The
USPTO expects that the information in
this collection will be prepared by
attorneys. Using the professional rate of
$310 per hour for attorneys in private
firms, the USPTO estimates that the
respondent cost burden for this
collection will be approximately
$2,123,500 per year.
Estimated
annual
responses
Estimated time for
response
Request for Green Technology Pilot Program (PTO/SB/420) ..................
Protests by the public against pending applications under 37 CFR 1.291
Third-party submissions in published applications under 37 CFR 1.99 ...
Total ....................................................................................................
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Item
1 hour ..............................................
10 hours ..........................................
7.5 hours .........................................
..........................................................
Estimated Total Annual Non-Hour
Respondent Cost Burden: $30,210 per
year. There are no capital start-up or
maintenance costs associated with this
information collection. However, this
collection does have record keeping
costs and filing fees for the second or
subsequent protest filed by the same
real party in interest and for a third-part
submission under 37 CFR 1.99.
When submitting the information in
this collection to the USPTO
electronically through EFS–Web, the
applicant is strongly urged to retain a
copy of the file submitted to the USPTO
as evidence of authenticity in addition
to keeping the acknowledgment receipt
as clear evidence of the date the file was
received by the USPTO. The USPTO
estimates that it will take 5 seconds
(0.001 hours) to print and retain a copy
of the EFS–Web submissions and that
approximately 5,225 submissions per
year will be submitted electronically, for
a total of approximately 5 hours per year
for printing this receipt. Using the
paraprofessional rate of $100 per hour,
the USPTO estimates that the
recordkeeping cost associated with this
collection will be approximately $500
per year.
There is no fee for filing protests
under 37 CFR 1.291 unless the filed
protest is the second or subsequent
protest by the same real party in
interest, in which case the 1.17(I) fee of
$130 must be included (the USPTO
estimates 7 of the 65 protests filed per
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15:14 Jan 11, 2010
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year will trigger this fee). Third-party
submissions under 37 CFR 1.99 must
include the 1.17(p) fee of $180. The
USPTO estimates that the total fees
associated with this collection will be
approximately $29,710 per year.
The total non-hour respondent cost
burden for this collection in the form of
record keeping costs ($500) and filing
fees ($29,710) is approximately $30,210
per year.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents; e.g., the use of
automated collection techniques or
other forms of information technology.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
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Estimated
annual
burden hours
5,000
65
160
5,225
5,000
650
1,200
6,850
Dated: January 6, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2010–373 Filed 1–11–10; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–806
Silicon Metal from the People’s
Republic of China: Final Results and
Partial Rescission of Antidumping
Duty Administrative Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 9, 2009, the
Department of Commerce (the
‘‘Department’’) published in the Federal
Register the Preliminary Results of the
2007–2008 administrative review of the
antidumping duty order on silicon
metal from the People’s Republic of
China (‘‘PRC’’). We gave interested
parties an opportunity to comment on
the Preliminary Results.1 Based upon
our analysis of the comments and
information received, we made changes
to the margin calculations for the final
1 See Silicon Metal From the People’s Republic of
China: Preliminary Results and Preliminary
Rescission, in Part, of Antidumping Duty
Administrative Review, 74 FR 32885 (July 9, 2009)
(‘‘Preliminary Results’’).
E:\FR\FM\12JAN1.SGM
12JAN1
Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
results. We continue to find that certain
exporters have sold subject merchandise
at less than normal value during the
period of review (‘‘POR’’), June 1, 2007,
through May 31, 2008.
EFFECTIVE DATE: January 12, 2010.
FOR FURTHER INFORMATION CONTACT:
Bobby Wong, Susan Pulongbarit, or
Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–0409,
(202) 482–4031, or (202) 482–4047.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Background
On July 30, 2008, the Department
initiated an administrative review of
five producers/exporters of subject
merchandise from the PRC: Jiangxi
Gangyuan Silicon Industry Co., Ltd.
(‘‘Jiangxi Gangyuan’’); Lao Silicon Co.,
Ltd. (‘‘Lao Silicon’’); S. AU Trade Co.,
Ltd. (‘‘AU Trade’’); and Shanghai
Jinneng International Trade Co., Ltd.
(‘‘Shanghai Jinneng’’) and its affiliated
producer, Datong Jinneng Industrial
Silicon Co., Inc. (‘‘Datong Jinneng’’)
(collectively, the ‘‘Jinneng Companies’’).
In the Preliminary Results the
Department rescinded the review with
respect to Datong Jinneng and Lao
Silicon in accordance with 19 CFR
351.213(d)(3), because the Department
preliminary determined that neither
company had made shipments of
subject merchandise during the POR.
Also, in the Preliminary Results, the
Department preliminarily determined
that AU Trade will remain part of the
PRC–wide entity for the purposes of this
review because the Department received
an untimely filing of AU Trade’s
Separate Rate Application (‘‘SRA’’).
Thus, two companies remain subject to
this review: Shanghai Jinneng and
Jiangxi Gangyuan.
As noted above, on July 9, 2009, the
Department published the Preliminary
Results of this administrative review.2
On July 29, 2009, Globe Metallurgical
Inc. (‘‘Petitioner’’) submitted additional
surrogate value information. On July 29,
2009, the Jinneng Companies and
Jiangxi Gangyuan (‘‘Respondents’’)
submitted additional surrogate value
information.
On August 10, 2009, Petitioner
requested a hearing. On September 17,
2009, the Department held public and
closed hearings to discuss the final
results of the instant review.
In response to requests by interested
parties, on August 18, 2009, we
2 See
Preliminary Results.
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15:14 Jan 11, 2010
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extended the deadline for parties to
submit case briefs and rebuttal briefs
until August 21, 2009, and September 4,
2009, respectively. On August 21, 2009,
we received case briefs from Petitioner
and Respondents. On September 3,
2009, we extended the deadline for
parties to submit rebuttal briefs until
September 9, 2009. On September 10,
2009, we received rebuttal briefs from
Petitioner and Respondents.
On October 29, 2009, the Department
partially extended the deadline for the
completion of the final results of this
review until November 6, 2009.3 On
December 1, 2009, the Department fully
extended the deadline for the
completion of the final results of this
review until January 5, 2010.4
On November 10, 2009, the
Department received letters from the
Embassy of the PRC and the Ministry of
Commerce for the PRC (‘‘MOFCOM’’)
(collectively, ‘‘PRC government letters’’),
and subsequently requested comments
from interested parties regarding the
letters and a related remand
determination.5 On December 2, 2009,
the Department received comments
from MOFCOM pursuant to the
Department’s request. On December 3,
2009, the Department received
comments from Petitioner and
Respondents pursuant to the
Department’s request. On December 5,
2009, the Department received a letter
from the Chinese Minister of Commerce,
and subsequently requested comments
from interested parties regarding the
letter.6 On December 16, 2009, the
Department received comments from
Petitioner regarding the December 5,
2009, letter.
On December 22, 2009, the
Department requested comments on
Indian import data from the World
Trade Atlas under Harmonized Tariff
Schedule 6305.330.00 ‘‘Sacks and Bags,
for Packing of Goods, of Polyethylene/
Polypropylene Strips Nes.’’ from the
2005–2006 new shipper reviews of
3 See Silicon Metal From the People’s Republic of
China: Notice of Extension of Time Limit for the
Final Results of the 2007 - 2008 Administrative
Review, 74 FR 55811 (October 29, 2009).
4 See Silicon Metal from the People’s Republic of
China: Notice of Second Extension of Time Limit for
the Final Results of the 2007-2008 Administrative
Review, 74 FR 62745 (December 1, 2009).
5 See Letter From the Department of Commerce,
To All Interested Parties Regarding 2007/2008
Administrative Review of Silicon Metal from the
People’s Republic of China, dated November 18,
2009.
6 See Letter From the Department of Commerce,
To All Interested Parties Regarding 2007/2008
Administrative Review of Silicon Metal from the
People’s Republic of China, dated December 11,
2009.
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1593
silicon metal from China.7 No parties
submitted comments to the Department
regarding this data.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the ‘‘Silicon Metal from
the People’s Republic of China: Issues
and Decision Memorandum for the
Final Results of 2007/2008
Administrative Review,’’ which is dated
concurrently with this notice (‘‘I&D
Memo’’). A list of the issues which
parties raised and to which we respond
in the I&D Memo is attached to this
notice as an Appendix. The I&D Memo
is a public document and is on file in
the Central Records Unit (‘‘CRU’’), Main
Commerce Building, Room 1117, and is
accessible on the Department’s website
at https://www.trade.gov/ia. The paper
copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record as
well as comments received from parties
regarding our Preliminary Results, we
have made revisions to Jiangxi
Gangyuan and Shanghai Jinneng’s
margin calculations for the final results.
For all changes to Jiangxi Gangyuan and
Shanghai Jinneng’s calculations, see I&D
Memo and the company specific
analysis memorandums.
Scope of the Order
Imports covered by this review are
shipments of silicon metal containing at
least 96.00 but less than 99.99 percent
of silicon by weight. Also covered by
this review is silicon metal from the
PRC containing between 89.00 and
96.00 percent silicon by weight but
which contains a higher aluminum
content than the silicon metal
containing at least 96.00 percent but less
than 99.99 percent silicon by weight.
Silicon metal is currently provided for
under subheadings 2804.69.10 and
2804.69.50 of the Harmonized Tariff
Schedule (HTS) as a chemical product,
but is commonly referred to as a metal.
Semiconductor–grade silicon (silicon
metal containing by weight not less than
99.99 percent of silicon and provided
for in subheading 2804.61.00 of the
HTS) is not subject to this review.
Although the HTS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.
Final Partial Rescission
7 See Silicon Metal from the People’s Republic of
China: Notice of Final Results of 2005/2006 New
Shipper Reviews (‘‘New Shipper Reviews’’), 72 FR
58641 (October 16, 2007).
E:\FR\FM\12JAN1.SGM
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Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
In the Preliminary Results, the
Department preliminarily rescinded this
review with respect to the following
companies: Datong Jinneng and Lao
Silicon. Subsequent to the Preliminary
Results, no information was submitted
on the record indicating that the above
companies made sales to the United
States of subject merchandise during the
POR. Thus, in accordance with 19 CFR
351.213(d)(3), and consistent with our
practice, we are rescinding this review
with respect to the above–named
companies for the period of June 1,
2007, through May 31, 2008.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Separate Rates
In our Preliminary Results, we treated
Jiangxi Gangyuan and Datong Jinneng as
separate rate companies. We have not
received any information since the
issuance of the Preliminary Results that
provides a basis for the reconsideration
of this treatment. Therefore, the
Department continues to find that
Jiangxi Gangyuan and Datong Jinneng
meet the criteria for a separate rate.
In our Preliminary Results, we
determined that the Department
received an untimely filing of AU
Trade’s SRA. The Department notes that
AU Trade was considered as part of the
PRC–wide entity and did not receive its
own separate rate. We have not received
any information since the issuance of
the Preliminary Results that provides a
basis for the reconsideration of this
determination. Therefore, the
Department continues to find that AU
Trade will remain part of the PRC–wide
entity for the purposes of this review, as
the Department did not conduct a
review of its separate rate eligibility.
Facts Available
Section 776(a)(2) of the Act provides
that if an interested party: (A) withholds
information that has been requested by
the Department; (B) fails to provide such
information in a timely manner or in the
form or manner requested, subject to
subsections 782(c)(1) and (e) of the Act;
(C) significantly impedes a
determination under the antidumping
statute; or (D) provides such information
but the information cannot be verified,
the Department shall, subject to
subsection 782(d) of the Act, use facts
otherwise available in reaching the
applicable determination.
Section 782(c)(1) of the Act provides
that, if an interested party promptly
notifies the Department that it is unable
to submit the information in the
requested form and manner, together
with a full explanation and suggested
alternative forms in which such party is
able to submit the information, the
Department shall take into
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15:14 Jan 11, 2010
Jkt 220001
consideration the ability of the party to
submit the information in the requested
form and manner and may modify such
requirements to the extent necessary to
avoid imposing an unreasonable burden
on that party.
For this final determination, in
accordance with section 776(a)(2)(B) of
the Act and 782(e)(3) of the Act, we
have determined that the use of facts
available is appropriate for Shanghai
Jinneng’s consumption of electricity.
The record evidence demonstrates that
Shanghai Jinneng consumed additional
electricity in the preparation of raw
materials and in finishing production,
which was not previously reported as
production electricity. Therefore, we
have adjusted the production electricity
factor of production (‘‘FOP’’) to include
electricity consumed in the raw material
and finishing workshops. However,
since the workshops are used in the
production of other non–subject
merchandise, and that the company
only began to report the electricity
consumption in January of 2008, we
have applied neutral facts available to
allocate the proper consumption in the
production of subject silicon metal, and
to derive estimated electricity
consumption for the first seven months
of the POR. See I&D Memo at Comment
13.
Final Results of Review
The weighted–average dumping
margins for the POR are as follows:
results of this review is above de
minimis.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed above, the cash deposit
rate will be the rate established in these
final results of review (except, if the rate
is zero or de minimis, i.e., less than 0.5
percent, a zero cash deposit rate will be
required for that company); (2) for
previously investigated or reviewed PRC
and non–PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter–specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC–wide rate of 139.49 percent;
and (4) for all non–PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that non–
PRC exporter. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Reimbursement of Duties
This notice also serves as a final
Weighted–Average reminder to importers of their
Exporter
Margin (Percent)
responsibility under 19 CFR 351.402(f)
Jiangxi Gangyuan .........
50.02% to file a certificate regarding the
Shanghai Jinneng .........
23.16% reimbursement of antidumping duties
PRC–Wide Entity ..........
139.49% prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
Assessment
result in the Department’s presumption
Upon issuance of the final results, the that reimbursement of antidumping
Department will determine, and CBP
duties has occurred and the subsequent
shall assess, antidumping duties on all
assessment of doubled antidumping
appropriate entries. The Department
duties.
intends to issue assessment instructions
Administrative Protective Orders
to CBP 15 days after the date of
publication of the final results of
This notice also serves as a reminder
review. Pursuant to 19 CFR
to parties subject to administrative
351.212(b)(1), we will calculate
protective orders (‘‘APO’’) of their
importer–specific (or customer) ad
responsibility concerning the return or
valorem duty assessment rates based on destruction of proprietary information
the ratio of the total amount of the
disclosed under APO in accordance
dumping margins calculated for the
with 19 CFR 351.305, which continues
examined sales to the total entered
to govern business proprietary
value of those same sales. We will
information in this segment of the
instruct CBP to assess antidumping
proceeding. Timely written notification
duties on all appropriate entries covered of the return/destruction of APO
by this review if any importer–specific
materials or conversion to judicial
assessment rate calculated in the final
protective order is hereby requested.
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SILICON METAL FROM THE PRC
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12JAN1
Federal Register / Vol. 75, No. 7 / Tuesday, January 12, 2010 / Notices
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
administrative review and notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: January 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Appendix I Decision Memorandum
I. General Issues:
Comment 1: Treatment of VAT and
Export Taxes
Comment 2: Selection of Appropriate
Surrogate Value for Silica Fume
Comment 3: Selection of Appropriate
Surrogate Value for Electricity
Comment 4: Selection of Appropriate
Surrogate Value Financial Statements
Comment 5: Treatment of the Silica
Fume By–Product Offset
Comment 6: Selection of Appropriate
Surrogate Value for Coal
Comment 7: Selection of Appropriate
Surrogate Value for Truck Freight
Comment 8: Selection of Appropriate
Surrogate Value for Oxygen
Comment 9: Selection of Appropriate
Surrogate Value for Polypropylene Bags
Comment 10: Inclusion of Certain U.S.
Sales in Margin Calculations
Comment 11: Freight Distances
Reported by the Respondents
II. Shanghai Jinneng Issues
Comment 12: Treatment and Valuation
of Graphite Powder
Comment 13: Datong Jinneng Reported
Electricity Usage
III. Jiangxi Gangyuan Issues
Comment 14: Jiangxi Gangyuan’s
Production Quantity
Comment 15: Jiangxi Gangyuan’s By–
Product Offset
[FR Doc. 2010–378 Filed 1–11–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
RIN 0648–AW92
Pacific Halibut Fisheries; Limited
Access for Guided Sport Charter
Vessels in Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of application period.
SUMMARY: NMFS will accept
applications from persons applying to
VerDate Nov<24>2008
15:14 Jan 11, 2010
Jkt 220001
receive a charter halibut permit under
the Limited Access System for Guided
Sport Charter Vessels in Alaska.
Potential eligible applicants are notified
of the one-time opportunity to apply for
a charter halibut permit for the 60–day
period from February 4, 2010, through
April 5, 2010. Any applications received
by NMFS after the ending date will be
considered untimely and will be denied.
DATES: An application for a charter
halibut permit will be accepted by
NMFS from 8 a.m. Alaska local time
(A.l.t.) on February 4, 2010, through 5
p.m. A.l.t. on April 5, 2010.
ADDRESSES: Application forms are
available on the internet through the
Alaska Region website at https://
alaskafisheries.noaa.gov/ram/
default.htm or by contacting NMFS at
1–800–304–4846 (option 2). An
application form may be submitted by
mail to NMFS, Alaska Region,
Restricted Access Management, P.O.
Box 21668, Juneau, AK 99802, by
facsimile (907–586–7354), or by hand
delivery to NMFS, 709 West 9th Street,
Room 713, Juneau, AK 99081.
FOR FURTHER INFORMATION CONTACT:
Rachel Baker, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule implementing a
limited access system for charter vessels
in the guided sport fishery for Pacific
halibut in waters of International Pacific
Halibut Commission Regulatory Areas
2C (Southeast Alaska) and 3A (Central
Gulf of Alaska) in the Federal Register
on January 5, 2010 (75 FR 554). Under
this rule, NMFS will issue a charter
halibut permit to the owner of a
licensed charter fishing business based
on the business’s past participation in
the charter halibut fishery. Section
300.67(h)(1) of the final rule requires
NMFS to specify an application period
for charter halibut permits of no less
than 60 days in the Federal Register,
and to deny any applications received
after the last day of the application
period.
This notice specifies a 60–day
application period of February 4, 2010,
through April 5, 2010. An application
period was referenced in the proposed
rule published on April 21, 2009 (74 FR
18178) and in the final rule published
on January 5, 2010 (75 FR 554). This 60–
day application period is consistent
with the intent of the final rule to give
adequate time for participants in the
charter halibut fisheries in Areas 2C and
3A to review the final rule and prepare
materials necessary for the application
procedure specified at 50 CFR
300.67(h)(3). Beginning on February 1,
2011, all vessels with charter anglers on
board that are catching and retaining
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1595
Pacific halibut in Areas 2C and 3A will
be required to have on board the vessel
a valid original charter halibut permit
with an angler endorsement equal to or
greater than the number of charter
anglers that are fishing for halibut.
All persons are hereby notified that
they must obtain an application on the
Internet or request a charter halibut
application from NMFS (see
ADDRESSES). The application period
for charter halibut permits begins at 8
a.m. A.l.t. on February 4, 2010, and ends
at 5 p.m. A.l.t. on April 5, 2010.
Applicants with incomplete
applications will be notified in writing
of the specific information necessary to
complete the application. Charter
halibut permit applications submitted to
NMFS (see ADDRESSES) after 5 p.m.
A.l.t. on April 5, 2010, will be
considered untimely and will be denied.
Authority: 16 U.S.C. 773 et seq.
Dated: January 6, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–389 Filed 1–11–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Establishment of NIST Smart Grid
Advisory Committee and Solicitation of
Nominations for Members
AGENCY: National Institute of Standards
and Technology, Commerce.
ACTION: Notice of establishment of the
NIST Smart Grid Advisory Committee
and solicitation of nominations for
members.
SUMMARY: Pursuant to the Federal
Advisory Committee Act, the National
Institute of Standards and Technology
(NIST) announces the establishment of
the NIST Smart Grid Advisory
Committee (Committee). The Committee
will advise the Director of NIST in
carrying out duties authorized by the
Energy Independence and Security Act
of 2007.
DATES: Nominations for members of the
initial NIST Smart Grid Advisory
Committee must be received on or
before February 11, 2010. NIST will
continue to accept nominations on an
ongoing basis and will consider them as
vacancies arise.
ADDRESSES: All nominations should be
submitted to George Arnold, National
Coordinator for Smart Grid
E:\FR\FM\12JAN1.SGM
12JAN1
]]>Agencies
[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Notices]
[Pages 1592-1595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-378]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-570-806
Silicon Metal from the People's Republic of China: Final Results
and Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 9, 2009, the Department of Commerce (the
``Department'') published in the Federal Register the Preliminary
Results of the 2007-2008 administrative review of the antidumping duty
order on silicon metal from the People's Republic of China (``PRC'').
We gave interested parties an opportunity to comment on the Preliminary
Results.\1\ Based upon our analysis of the comments and information
received, we made changes to the margin calculations for the final
[[Page 1593]]
results. We continue to find that certain exporters have sold subject
merchandise at less than normal value during the period of review
(``POR''), June 1, 2007, through May 31, 2008.
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\1\ See Silicon Metal From the People's Republic of China:
Preliminary Results and Preliminary Rescission, in Part, of
Antidumping Duty Administrative Review, 74 FR 32885 (July 9, 2009)
(``Preliminary Results'').
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EFFECTIVE DATE: January 12, 2010.
FOR FURTHER INFORMATION CONTACT: Bobby Wong, Susan Pulongbarit, or
Jerry Huang, AD/CVD Operations, Office 9, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230; telephone:
(202) 482-0409, (202) 482-4031, or (202) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On July 30, 2008, the Department initiated an administrative review
of five producers/exporters of subject merchandise from the PRC:
Jiangxi Gangyuan Silicon Industry Co., Ltd. (``Jiangxi Gangyuan''); Lao
Silicon Co., Ltd. (``Lao Silicon''); S. AU Trade Co., Ltd. (``AU
Trade''); and Shanghai Jinneng International Trade Co., Ltd.
(``Shanghai Jinneng'') and its affiliated producer, Datong Jinneng
Industrial Silicon Co., Inc. (``Datong Jinneng'') (collectively, the
``Jinneng Companies''). In the Preliminary Results the Department
rescinded the review with respect to Datong Jinneng and Lao Silicon in
accordance with 19 CFR 351.213(d)(3), because the Department
preliminary determined that neither company had made shipments of
subject merchandise during the POR. Also, in the Preliminary Results,
the Department preliminarily determined that AU Trade will remain part
of the PRC-wide entity for the purposes of this review because the
Department received an untimely filing of AU Trade's Separate Rate
Application (``SRA''). Thus, two companies remain subject to this
review: Shanghai Jinneng and Jiangxi Gangyuan.
As noted above, on July 9, 2009, the Department published the
Preliminary Results of this administrative review.\2\ On July 29, 2009,
Globe Metallurgical Inc. (``Petitioner'') submitted additional
surrogate value information. On July 29, 2009, the Jinneng Companies
and Jiangxi Gangyuan (``Respondents'') submitted additional surrogate
value information.
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\2\ See Preliminary Results.
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On August 10, 2009, Petitioner requested a hearing. On September
17, 2009, the Department held public and closed hearings to discuss the
final results of the instant review.
In response to requests by interested parties, on August 18, 2009,
we extended the deadline for parties to submit case briefs and rebuttal
briefs until August 21, 2009, and September 4, 2009, respectively. On
August 21, 2009, we received case briefs from Petitioner and
Respondents. On September 3, 2009, we extended the deadline for parties
to submit rebuttal briefs until September 9, 2009. On September 10,
2009, we received rebuttal briefs from Petitioner and Respondents.
On October 29, 2009, the Department partially extended the deadline
for the completion of the final results of this review until November
6, 2009.\3\ On December 1, 2009, the Department fully extended the
deadline for the completion of the final results of this review until
January 5, 2010.\4\
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\3\ See Silicon Metal From the People's Republic of China:
Notice of Extension of Time Limit for the Final Results of the 2007
- 2008 Administrative Review, 74 FR 55811 (October 29, 2009).
\4\ See Silicon Metal from the People's Republic of China:
Notice of Second Extension of Time Limit for the Final Results of
the 2007-2008 Administrative Review, 74 FR 62745 (December 1, 2009).
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On November 10, 2009, the Department received letters from the
Embassy of the PRC and the Ministry of Commerce for the PRC
(``MOFCOM'') (collectively, ``PRC government letters''), and
subsequently requested comments from interested parties regarding the
letters and a related remand determination.\5\ On December 2, 2009, the
Department received comments from MOFCOM pursuant to the Department's
request. On December 3, 2009, the Department received comments from
Petitioner and Respondents pursuant to the Department's request. On
December 5, 2009, the Department received a letter from the Chinese
Minister of Commerce, and subsequently requested comments from
interested parties regarding the letter.\6\ On December 16, 2009, the
Department received comments from Petitioner regarding the December 5,
2009, letter.
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\5\ See Letter From the Department of Commerce, To All
Interested Parties Regarding 2007/2008 Administrative Review of
Silicon Metal from the People's Republic of China, dated November
18, 2009.
\6\ See Letter From the Department of Commerce, To All
Interested Parties Regarding 2007/2008 Administrative Review of
Silicon Metal from the People's Republic of China, dated December
11, 2009.
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On December 22, 2009, the Department requested comments on Indian
import data from the World Trade Atlas under Harmonized Tariff Schedule
6305.330.00 ``Sacks and Bags, for Packing of Goods, of Polyethylene/
Polypropylene Strips Nes.'' from the 2005-2006 new shipper reviews of
silicon metal from China.\7\ No parties submitted comments to the
Department regarding this data.
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\7\ See Silicon Metal from the People's Republic of China:
Notice of Final Results of 2005/2006 New Shipper Reviews (``New
Shipper Reviews''), 72 FR 58641 (October 16, 2007).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Silicon Metal from the People's
Republic of China: Issues and Decision Memorandum for the Final Results
of 2007/2008 Administrative Review,'' which is dated concurrently with
this notice (``I&D Memo''). A list of the issues which parties raised
and to which we respond in the I&D Memo is attached to this notice as
an Appendix. The I&D Memo is a public document and is on file in the
Central Records Unit (``CRU''), Main Commerce Building, Room 1117, and
is accessible on the Department's website at https://www.trade.gov/ia.
The paper copy and electronic version of the memorandum are identical
in content.
Changes Since the Preliminary Results
Based on a review of the record as well as comments received from
parties regarding our Preliminary Results, we have made revisions to
Jiangxi Gangyuan and Shanghai Jinneng's margin calculations for the
final results. For all changes to Jiangxi Gangyuan and Shanghai
Jinneng's calculations, see I&D Memo and the company specific analysis
memorandums.
Scope of the Order
Imports covered by this review are shipments of silicon metal
containing at least 96.00 but less than 99.99 percent of silicon by
weight. Also covered by this review is silicon metal from the PRC
containing between 89.00 and 96.00 percent silicon by weight but which
contains a higher aluminum content than the silicon metal containing at
least 96.00 percent but less than 99.99 percent silicon by weight.
Silicon metal is currently provided for under subheadings 2804.69.10
and 2804.69.50 of the Harmonized Tariff Schedule (HTS) as a chemical
product, but is commonly referred to as a metal. Semiconductor-grade
silicon (silicon metal containing by weight not less than 99.99 percent
of silicon and provided for in subheading 2804.61.00 of the HTS) is not
subject to this review. Although the HTS subheadings are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Final Partial Rescission
[[Page 1594]]
In the Preliminary Results, the Department preliminarily rescinded
this review with respect to the following companies: Datong Jinneng and
Lao Silicon. Subsequent to the Preliminary Results, no information was
submitted on the record indicating that the above companies made sales
to the United States of subject merchandise during the POR. Thus, in
accordance with 19 CFR 351.213(d)(3), and consistent with our practice,
we are rescinding this review with respect to the above-named companies
for the period of June 1, 2007, through May 31, 2008.
Separate Rates
In our Preliminary Results, we treated Jiangxi Gangyuan and Datong
Jinneng as separate rate companies. We have not received any
information since the issuance of the Preliminary Results that provides
a basis for the reconsideration of this treatment. Therefore, the
Department continues to find that Jiangxi Gangyuan and Datong Jinneng
meet the criteria for a separate rate.
In our Preliminary Results, we determined that the Department
received an untimely filing of AU Trade's SRA. The Department notes
that AU Trade was considered as part of the PRC-wide entity and did not
receive its own separate rate. We have not received any information
since the issuance of the Preliminary Results that provides a basis for
the reconsideration of this determination. Therefore, the Department
continues to find that AU Trade will remain part of the PRC-wide entity
for the purposes of this review, as the Department did not conduct a
review of its separate rate eligibility.
Facts Available
Section 776(a)(2) of the Act provides that if an interested party:
(A) withholds information that has been requested by the Department;
(B) fails to provide such information in a timely manner or in the form
or manner requested, subject to subsections 782(c)(1) and (e) of the
Act; (C) significantly impedes a determination under the antidumping
statute; or (D) provides such information but the information cannot be
verified, the Department shall, subject to subsection 782(d) of the
Act, use facts otherwise available in reaching the applicable
determination.
Section 782(c)(1) of the Act provides that, if an interested party
promptly notifies the Department that it is unable to submit the
information in the requested form and manner, together with a full
explanation and suggested alternative forms in which such party is able
to submit the information, the Department shall take into consideration
the ability of the party to submit the information in the requested
form and manner and may modify such requirements to the extent
necessary to avoid imposing an unreasonable burden on that party.
For this final determination, in accordance with section
776(a)(2)(B) of the Act and 782(e)(3) of the Act, we have determined
that the use of facts available is appropriate for Shanghai Jinneng's
consumption of electricity. The record evidence demonstrates that
Shanghai Jinneng consumed additional electricity in the preparation of
raw materials and in finishing production, which was not previously
reported as production electricity. Therefore, we have adjusted the
production electricity factor of production (``FOP'') to include
electricity consumed in the raw material and finishing workshops.
However, since the workshops are used in the production of other non-
subject merchandise, and that the company only began to report the
electricity consumption in January of 2008, we have applied neutral
facts available to allocate the proper consumption in the production of
subject silicon metal, and to derive estimated electricity consumption
for the first seven months of the POR. See I&D Memo at Comment 13.
Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Silicon Metal from the PRC
------------------------------------------------------------------------
Weighted-Average
Exporter Margin (Percent)
------------------------------------------------------------------------
Jiangxi Gangyuan.................................... 50.02%
Shanghai Jinneng.................................... 23.16%
PRC-Wide Entity..................................... 139.49%
------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. Pursuant
to 19 CFR 351.212(b)(1), we will calculate importer-specific (or
customer) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific assessment rate calculated in the final
results of this review is above de minimis.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of this administrative review for
all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the exporters
listed above, the cash deposit rate will be the rate established in
these final results of review (except, if the rate is zero or de
minimis, i.e., less than 0.5 percent, a zero cash deposit rate will be
required for that company); (2) for previously investigated or reviewed
PRC and non-PRC exporters not listed above that have separate rates,
the cash deposit rate will continue to be the exporter-specific rate
published for the most recent period; (3) for all PRC exporters of
subject merchandise which have not been found to be entitled to a
separate rate, the cash deposit rate will be the PRC-wide rate of
139.49 percent; and (4) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporters that supplied
that non-PRC exporter. These deposit requirements, when imposed, shall
remain in effect until publication of the final results of the next
administrative review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested.
[[Page 1595]]
Failure to comply with the regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: January 5, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I Decision Memorandum
I. General Issues:
Comment 1: Treatment of VAT and Export Taxes
Comment 2: Selection of Appropriate Surrogate Value for Silica Fume
Comment 3: Selection of Appropriate Surrogate Value for Electricity
Comment 4: Selection of Appropriate Surrogate Value Financial
Statements
Comment 5: Treatment of the Silica Fume By-Product Offset
Comment 6: Selection of Appropriate Surrogate Value for Coal
Comment 7: Selection of Appropriate Surrogate Value for Truck Freight
Comment 8: Selection of Appropriate Surrogate Value for Oxygen
Comment 9: Selection of Appropriate Surrogate Value for Polypropylene
Bags
Comment 10: Inclusion of Certain U.S. Sales in Margin Calculations
Comment 11: Freight Distances Reported by the Respondents
II. Shanghai Jinneng Issues
Comment 12: Treatment and Valuation of Graphite Powder
Comment 13: Datong Jinneng Reported Electricity Usage
III. Jiangxi Gangyuan Issues
Comment 14: Jiangxi Gangyuan's Production Quantity
Comment 15: Jiangxi Gangyuan's By-Product Offset
[FR Doc. 2010-378 Filed 1-11-10; 8:45 am]
BILLING CODE 3510-DS-S
